Is a buyer liable for a selller’s mistake?

I ordered 2 ounces of silver and by their human error sent me 22 ounces. On my invoice it said I ordered 2 and they had picked 22 and initialed the quantity; it was confirmed by another supervisor and initialed as correct. Do I have to return it? I already told them about the error.

Asked on January 28, 2013 under Business Law, Pennsylvania


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you told them about their error, they need to send you a package to return the exta amount because you did not contract for 22 ounces, you only contracted two ounces.  To allow you to keep the remaining amount is considered unjust enrichment.

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